Conditions Of Use

Application means a specific application on this Website for which authorisation is required for the use of that application;

Application Specific Conditions of Use means the terms and conditions applying to the use of an Application;

Conditions of Use means these terms and conditions for use of this Website;

Court, we, our or us means any Court or Tribunal in Western Australia, its officers, employees, agents and contractors;

Material means any audio, data, document, graphics, information and video on this Website or any Application;

Website means, unless otherwise stated, the Website operating under the registered domains name of ecourts.justice.wa.gov.au and includes all Applications available on this website;

You or your means the person who agrees to these Conditions of Use and any Application Specific Conditions of Use, either personally or on behalf of a legal entity and includes, if acceptance is on behalf a legal entity, the legal entity's officers, partners, employees, agents and contractors; and

User means any person or other legal entity using this Website and any Application.

Failure to Agree

If you do not agree to these Conditions of Use you may not use, and must leave, this Website.

Copyright

Copyright in this Website and any Application and their respective Material is vested in the State of Western Australia. Apart from any fair dealing for the purposes of private study, research, customer feedback or as otherwise permitted under the Copyright Act 1968 (Cwlth), no part of this Website, an Application or any Material in either of them may be reproduced or re-used for any commercial purpose without the prior written permission of the Court. Requests for authorisation should be directed to the Executive Manager at the Court.

Browser Versions Supported

This Website supports Chrome.

Cookies

Certain functions on this Website require your browser to be set to allow the creation of "cookies" on your computer. Cookies are required for security reasons and to allow our systems to uniquely identify you and your computer. The Court does not use cookies to collect personal information. Personal information is only collected from this Website in accordance with our Privacy Policy

Statistical Information

Statistical information is collected by the Court in relation to the use of this Website, which allows us to improve the Website by understanding how our customers use the Website. The information collected is described in our Privacy Policy.

Freedom of Information

Refer to the FOI details on the Department of Justice's website.

Links to and from the Court's Website

Permission to place a hypertext link to any page, image, or other item on this Website should be sought by contacting the Court.

Links to and from Other Websites

This Website may have links to and from external Internet sites. These external information sources are provided purely for convenience and are outside the Court's control.

The Court does not:

endorse or provide any approval of anything obtained from other websites;

warrant or assume any responsibility for the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of anything on those websites, and you must make your own assessment regarding anything obtained from another website.

Contacting the Court

For enquiries regarding information in this Website please contact the relevant business area in the 'Contact Us' section. For Application specific enquiries, please use the contact details provided when you are logged on to that Application. Email enquiries and customer feedback will be answered as soon as we reasonably can.

Compliance With Laws

You must comply with all State and Commonwealth laws when using this Website and any Application.

Governing Law and Jurisdiction

These Conditions of Use and any Application Specific Conditions of Use are governed by and will be construed in accordance with the laws of the State of Western Australia and are subject to the exclusive jurisdiction of the Courts of Western Australia.

Accuracy of Information

Material is provided on this Website on the basis that you will assess and verify the Material and any representations or statements obtained from the Website before use. Changes in circumstances, after Material is placed on this Website, may impact the accuracy of that Material. To the fullest extent permitted by law the Court is not liable to you arising from your use of or reliance on any Material or advice obtained from this Website.

Availability

The Court will endeavour to have this Website and any Application available 24 hours per day, 7 days per week. You acknowledge however that the Website and any Application may become temporarily unavailable due to:

computer, web server or software malfunction or network congestion; or

the failure of the communication network provided by your "Internet Service Provider" or ours; or ancillary equipment failures; or

the need to carry out scheduled maintenance; or

if, in our opinion, a serious threat is posed to any part of the system supporting this Website or any Application; or other circumstances beyond our reasonable control.

Therefore you should ensure that you have other means of undertaking urgent or time-sensitive transactions and obtaining information, if for any reason this Application is unavailable.

The Court may in its sole discretion also stop providing this Website or any Application completely.

The Court accepts no liability if this Website or any Application is temporarily or even permanently unavailable.

Changing Conditions of Use

The Court reserves the right to change these Conditions of Use from time to time at its sole discretion. You must periodically check this section of the Website to see if any of the changes affect you. By your continued use of this Website you are deemed to agree to any such changes. If you do not agree to any changes you must not use and must leave this Website.

Last updated: 1 July 2017

Application Specific Conditions of Use

Additional Terms and Conditions

You acknowledge that these Application Specific Conditions of Use are in addition to the Conditions of Use – Website Generally of both the Department and any relevant Court.

Failure to Agree

If you do not agree to these Application Specific Conditions of Use you must stop using this Application.

Request for Access

In submitting a request for access to this Application, you: acknowledge that you have read, understood and agree to the Conditions of Use and these Application Specific Conditions of Use; and agree that the information provided in your request is accurate, complete and not misleading, and that the Department may rely on that information until we receive notice of any change from you. The Department reserves the right to refuse any request made at its discretion without having to give reasons for that refusal.

Use At Your Own Risk

You agree that your use of this Application is entirely at your own risk. This Application is provided on an “as is” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of merchantability or fitness for a particular purpose, all of which are disclaimed to the fullest extent of the law.

Compliance With Court Rules

If you are using this Application to lodge a document with a Court or Tribunal you must also comply with the Acts and Rules of the relevant Court or Tribunal. Any document transmitted by you using this Application will be deemed received in accordance with the Rules of the relevant Court of Tribunal.

Use Generally

When you use this Application, you must not: - make it available to unauthorised persons; - make money out of its use; or - infringe the rights of any person.

Time and Place of Sending and Receiving

All interactions with the Department are deemed to take place in the State of Western Australia. Without limiting, and subject to, Clause 5 above, the time stamp of any interaction or transaction is the time of sending from or receipt by the Department’s web server(s) which are set to local time in Perth, Western Australia.

Viruses

We cannot guarantee that this Application, and any Material contained in, downloaded or accessible, from it, is free from computer viruses or any other threat which may affect your software or systems. To protect your software and systems we recommend you install and implement your own system protection software. Your transmission to the Department will be examined for known viruses and other threats using the Department’s standard operating environment scanning and detection tools. Where a virus or other threat is detected in your transmission, the transmission may be rejected and will be deemed not to have occurred. Where a transmission is rejected transmission and/or transaction confirmation will not be received by you. Where a transmission failure has occurred, the Department recommends that you clean and resubmit the transmitted data. The Department is not responsible if your transaction fails for any reason.

Security of Data

The Department will take all reasonable precautions to protect the data you transmit from misuse and loss and from unauthorised access, modification or disclosure, during transmission to the Department or while stored on either our web server or on the web servers of parties engaged by the Department. Our online security measures include, but are not limited to: - encrypting data sent from your computer to our systems during Internet transactions and customer access codes transmitted across networks; - employing firewalls, intrusion detection systems and virus scanning tools to prevent unauthorised persons and viruses from entering our systems; and - using dedicated secure networks or encryption when we transmit electronic data for purposes of outsourcing. Should you suspect, or become aware of, a breach of security, we ask that you immediately notify us (see “Contact Us” information) and suspend the use of all electronic communications until we are satisfied that appropriate steps have been taken to ensure the security of electronic communications with you.

Data Backups

The Department undertakes electronic backup of its computer based systems for its own purposes but does not provide backup and recovery of data not required for its own purposes. We recommend that you implement your own backup and recovery facilities and procedures for data accessed from or transmitted to our Website and this Application.

Encryption

Secure Sockets Layer (SSL) is used when transmitting and receiving your data to and from this Application at all times by default.

Technical Support

You are responsible for your own hardware, software and internet connection to use this Application.
The Department will advise you of the minimum hardware, software and internet requirements necessary to use this Application. The Department may at its discretion if its gives you not less than 7 days’ notice alter any minimum hardware, software and internet requirements to use this Application.

Establishing Your Identity

We will provide you with a unique username and confidential password to provide authentication, the combination of which identifies you to us and authenticates you as the person who you claim to be. When access to this Application is required by more than one person within your organisation, we require each of those people to be identifiable and we will therefore provide, on application, a unique username and confidential password to each of those 2 people. User accounts or confidential passwords must not be shared. You must immediately notify the Department (see “Contact Us” information) if you become aware of the loss, theft or unauthorised use of your username and confidential password, following which, the Department will, as soon as reasonably possible, disable access to the Application for that username and issue you with a replacement. It is recommended that passwords be changed on a regular basis – in particular when a registered user leaves your organisation. Passwords may be required to be changed. The Department will inform the registered user when their password has expired.

Assumed Validity

You agree that as an authorised user of this Application: - you are bound by any electronic communication which includes your username and password without any further inquiry on our part; we can assume that any transaction or instruction received by way of this Application activated by an authorised user’s username and confidential password originates from that authorised user and is a valid transaction or instruction which cannot be reversed. Transactions executed by an authorised user may be captured and retained by the Department on a “transaction log” and may include all instructional and financial interactions received from the authorised user. In the event of any dispute, you agree to accept the Department’s transactional log as conclusive evidence of instructional and financial interactions made by you with the Department.

Revoking Access

The Department may immediately suspend or terminate your access to and use of this Application if your use of this Application: is inappropriate or unreasonable; or - menaces, creates a nuisance or harasses others or attempt to do so; or makes any denial-of-service attacks on us, or any other users or networks relating to us, or attempt to do so; or unlawfully attempts to gain access to other applications or networks which the Department uses or operates; or is in breach of the Conditions of Use or these Application Specific Conditions of Use.

Amended Terms and Conditions

The Department reserves at its sole discretion the right to change these Application Specific Conditions of Use from time to time. The Department will notify you by email of any changes. By your continued use of this Application you are deemed to agree to any such changes. If you do not agree to any changes you must stop using this Application.